Site icon swarb.co.uk

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243: CA 29 Feb 2008

The court considered the difference between waiver by election and waiver by estoppel. Rix LJ said: ‘election is the exercise of a right to choose between inconsistent remedies’ and ‘generally requires knowledge of all the facts giving rise to the choice on the part of the party electing’.

Judges:

Rix LJ, Jacob LJ, Forbes LJ

Citations:

[2008] EWCA Civ 147

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedKosmar Villa Holidays Plc v the Trustees of Syndicate 1243 ComC 4-Apr-2007
The tour company had lost an action for personal injury by a young man injured on holiday with them in Greece, and now sought an indemnity from its insurers. . .

Cited by:

CitedWalbrook Trustees (Jersey) Ltd and Others v Fattal and Others CA 8-Apr-2009
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process.
Held: The appeal against the stay succeeded. The new case had been flagged up . .
Lists of cited by and citing cases may be incomplete.

Insurance, Litigation Practice

Updated: 13 July 2022; Ref: scu.266014

Exit mobile version